Legal Question in Family Law in New York

Re: Seperation0

New York still requires fault in order to file for divorce. One exception is what is called a "conversion divorce". That is where the parties live in accordance with a separation agreement for one year - then they can file for divorce without any other fault. If parties wish to divorce using fault (ie adultry, abandonment, etc), then they can file for divorce at any time.

Good luck.

Re: Seperation0

In New York, you must prove the grounds to obtain the divorce. Provided you have grounds for a divorce, you may be able to obtain a divorce without the one year separation (under a written agreement or decree).

Please feel free to contact me to discuss your matter or to visit my website- www.clementlaw.com- for more information on divorce.

Daniel Clement

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Law Offices of Daniel E. Clement

220 Fifth Avenue, 13th Floor

New York, New York 10001

Tel: (212) 683-9551 Fax: (212) 683-9661

E-mail: [email protected]

Re: Seperation0

If the separation is the basis for the divorce, then the separation has to have been a LEGAL separation. Just living apart will not suffice.

There are other grounds which do not require waiting a year. Generally, where both parties are agreeable on a divorce, you can almost always find grounds and have an UNCONTESTED divorce. Neither party would have to set foot in court or take a day off from work.

For more information, please see my web site.